1.1 These Trainer Terms apply between you and Arclight Fitness (We / Us / Our), a private company incorporated and registered in England and Wales with company number whose registered office is at, United Kingdom.
1.2 Our services are being made available to you as you are a personal trainer or fitness professional who may have a contractual arrangement in place to perform personal training and/or Services with one or more gyms or fitness facilities In order to grant you access to and use of, our services, you will need to agree to these Trainer Terms.
1.3 The Terms are a legally binding agreement under which you
2. Our Services
2.1 We provide a digital marketplace, accessed via the Arclight fitness website, that allows Trainers to (as applicable):
• receive bookings for Workouts made by an Operator via the Operator's admin portal; and
• receive and accept requests from Users for training and other fitness services,
2.2 We agree to provide the Software and Booking systems for you, for use in accordance with these Trainer Terms. The training, fitness and/or workout services that you provide to Members and Clients through the Arclight fitness website shall be referred to as services.
2.3 You acknowledge that We provide the Clients and trainers with a log in portal through which the trainer can receive bookings and the client can request the services of trainers registered on the site.
2.4 Arclight fitness do not provide "Workouts." The Workouts are solely provided by you and other Trainers – as independent businesses – to the Members and clients registered on the Arclight fitness website. Once you agree to a booking, you will be entering into a separate agreement with the relevant Trainer (and not with Us). As you are an independent business, you are free to provide other workout services independently from these Trainer Terms (subject to any other terms and conditions in place between you and the Client).
2.5 Unless otherwise agreed with the applicable Member or client, Workouts shall take place at the facility or the agreed upon location made between the client and the trainer. Where you are providing Workouts to Clients and if no day pass voucher/code for access to a gym facility ("Day Pass") was purchased with the relevant Workout, you are responsible for providing the venue (and/or access to the venue), and all equipment necessary, for delivery of the requested Workout, at your own expense. You must make, and pay for, all arrangements necessary with venue providers. Our 1st month free with Arclight fitness policy only applies to new subscriptions and can only be redeemed once per person.
5. Registration with Us
5.3 Once We have set up a profile for you, Arclight Fitness will send you an email Requesting you to verify the details on your profile ("Profile") and complete your registration so that you can be found on the Arclight fitness site.
5.4 You will be asked to create a user name and password for accessing your Profile in the Trainer login page when completing registration. These details are personal to you and are not transferable, without Our express written consent. The user name and password are the methods used by Us to identify trainer and clients.
By submitting your registration application, you represent and warrant that:
• you are over the age of eighteen (18) years;
• you can legally enter into an agreement with Us to use our services and offer Workouts;
• you are legally allowed to work and offer the Workouts in the United Kingdom;
• you have carefully studied, fully understand and agree to be bound by these Trainer Terms, including all the obligations imposed on you by these Trainer Terms;
• all the information on your Profile is, and shall continue to be, accurate, correct and complete;
• once you have a trainer or client profile to use, you will not authorise any other person to use your account nor transfer or assign it to any other person.
• you will not use the Software for unauthorised or unlawful purposes
• you will not copy or distribute the Software or other content belonging to Us without Our prior written permission;
• you have, and will continue to have, all the necessary qualifications and insurances to provide your services under these Trainer Terms.
• you are, and will at all times be, medically fit to provide your services and shall not engage in reckless behavior while providing your services, including by providing your services while under the influence of alcohol or drugs, or taking action that harms or threatens to harm the safety of Clients or third parties;
• You agree to provide evidence of each qualification listed on your trainer profile page.
• You cannot and will not offer your services to anyone under the age of 18 years old unless given express permission from the Arclight fitness Head office team.
5.5 By registering with Arclight fitness, you will need to generate a profile on the Trainer App (Profile). In generating your Profile, you will need to supply Us with information about yourself, your qualifications and other information requested by Us, such as proof that you hold the required insurance in order for Us to verify your ability to offer Workouts. We may verify this information with third party providers.
5.6 We will review your Profile to approve you to be a Trainer associated Arclight fitness. We reserve the right not to launch your Profile to be made visible to potential clients. Arclight fitness reserve the right to withhold the reasoning behind the non-launch of your profile. We may request further information or evidence before making a decision on whether to make your Profile visible to clients or Members, and you agree to provide any such materials we reasonably request.
5.7 We will continually monitor your compliance with these Trainer Terms, including verifying your insurances and information. You must promptly notify Us if any of the information you have provided to Us becomes incorrect or inaccurate. You agree to co-operate with Us and provide any further documents or information requested in order for Us to conduct any further checks.
6. Booking management
6.1 The trainer login system will allow you to receive, access and manage client bookings (Arclight Fitness head office may book clients for you directly if required) where relevant. If available. You agree to provide your contact details to prospective clients. Your details will not be shared to any 3rd party.
6.3. In order to use the booking system, you must access your personal account in the Trainer App using the user name and password you selected during registration. You warrant that you will keep this account profile up to date at all times.
6.4 If your Profile is available to be viewed by clients or potential clients:
• Users of Our service will communicate with you in relation to potential services offered by trainers where the relevant client or potential client finds the price, location and other details you have set acceptable.
• you will have complete discretion about whether to accept any offer of request for services from a client. However, if you do not respond within a set timeframe or you decline the booking, we will notify the Client accordingly and offer them alternative options if you fail to do so.
6.5 Once you have accepted a booking through the Website or a booking for a your services has been made for you via the booking system, all the relevant information will appear in your manage bookings section, including the details of the Member or Client (and, if applicable, the nominated location) and you will be able to manage the booking through the booking system.
6.6 We will use the booking system to communicate with you. This will include contacting you about booking requests and possible cancellations.
6.7 You are responsible for all information posted on your profile hosted on the Arclight fitness website. If you suspect that your user name or password have been copied or stolen, you must notify Us immediately.
6.8 All intellectual property rights in the Software, its content and any related documentation existing anywhere in the world belongs to Us or Our licensors (and are protected by copyright and/or trade secret laws and other international treaty provisions) and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without Our prior written consent. You will not have any rights of ownership in the Software, its content or any related documents.
7 Accepting and Completing bookings
7.1 You are solely responsible for ensuring that your Profile reflects, the types of services you offer, the times and locations you are available, the price(s) and (if applicable) the applicable cancellation policy. We strongly encourage you to keep your Profile up to date, especially in relation to pricing and availability.
7.2 If you have selected to make your Profile available to Users (for the applicable fee), We will, connect you with any potential clients requesting a booking with you by way of a prompt through the booking system. These requests will be personal to you, as the Client will have selected your Profile, and available timeslot and location.
7.3 Where your Profile is available to Users, you are not obliged to accept any requests from clients or potential clients for bookings. Each Client you choose to accept through the booking system will constitute an agreement between you and the relevant client, with such an agreement coming into effect from the time you agree to the time of booking through the website. You acknowledge that We only provide the means to facilitate the making of such contracts between you, as a Trainer, and the relevant client requesting a booking.
7.4 We do not guarantee that the use of the website will result in bookings of or (as the case may be) requests from clients or potential clients for trainers' services. We simply provide the Platform to ease and encourage the booking process between you and the potential clients.
7.5 Members and Clients may provide feedback on you and your provision of the Workouts in the form of ratings. These ratings may be made available to prospective clients as part of the Arclight Fitness feedback system. You should contact Us if you have any issues with the ratings that you are provided with. We shall provide you with assistance on but not limited to steps to consider taking to help you maintain good User feedback and ratings.
7.6 Arclight Fitness charge 10% commission on any bookings made for a trainer on the site any by registering your services with Arclight Fitness you agree that this will be taken on any bookings made for you while registered on with the company.
9. Your contract with Clients
9.1 We expect a high standard of service from Trainers using our platform. In order to maintain its integrity and reputation, We monitor your activity on the Platform. In providing the services, We expect that you will:
• complete all bookings with clients and Members as per the advertised and agreed Workout, subject to appropriate unforeseen circumstances (such as illness or injury);
• comply with all laws and regulations applicable;
• at all times while providing your services be medically fit to provide the service, including being free from the influence of alcohol or drugs.
• not engage in reckless behaviour while training any User which could endanger yourself the trainer or your client at any time.
• act in a professional manner in accordance with the business ethics applicable to providing exercise or other physical training and endeavour to perform the Member's/Clients request in the best interest of the Member/User; and
• have all requisite qualifications required in the applicable jurisdiction for providing the services you offer on your Arclight Fitness profile.
• Failure to conduct yourself in a professional manner or in a way which is deemed offensive will prompt an investigation. If the trainer is found to be at fault this will result in the immediate termination of said trainer's membership with Arclight fitness with immediate effect.
9.2 You acknowledge that We have no control over any trainer, any Member or client. We shall have no responsibility or liability with respect to how (or whether) the Member or client uses your services, including delays or damage to person or property.
9.4 Nothing in these Terms and Conditions are intended to override or replace your obligations and commitments set out in your contract (or agreement) with the trainer or client.
10. Identification of Users
10.1 Before starting a session with a client, you must verify that you are providing the Workout to the Member or client shown in the Arclight training booking system.
11.3 As a trainer you are free to set which rates you feel fair for your services, and are free to update these prices on the website.
11.4 You must use the Arclight fitness booking system to book any training, fitness and/or workout service with a client who found you through the Software. Using any means to circumvent the Booking system to organise a training, fitness and/or workout service with a client with the effect of avoiding the commission payment to Us, will be a material breach of these Trainer Terms and may result in us immediately terminating your account. You also agree to reimburse us the Commission that would have been payable if the booking was completed through the Software in accordance with these Trainer Terms.
11.5 By registering with Arclight fitness as a trainer you agree to pay the agreed upon amount each month via direct debit for the continuation of your membership with us. Failure to pay your monthly subscription will result in your account being frozen and your profile removed from the platform until the balance is cleared.
You can cancel your subscription with Arclight fitness at any time. By cancelling your subscription you will lose the right to have your profile displayed in marketing and on the Arclight Fitness website
14.2 We do not make any promise that access to Arclight fitness website or the Software will be uninterrupted or error free. To the maximum extent permitted under applicable law, we are not liable for the proper functioning of the Arclight Fitness website or the booking system and any loss or damage that may occur to you as a result of your use of the Website Software.
14.3 To the maximum extent permitted under applicable law, We and/or any of Our representatives, directors and employees are not liable for any loss or damage that you may incur under or in connection with these Arclight Fitness Terms or as a result of using the Arclight fitness platform or the Software, including but not limited to:
• any direct or indirect property damage or monetary loss;
• loss of profit or anticipated savings;
• loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
• loss or inaccuracy of data; and
• any other type of indirect or consequential loss or damage.
Delivery of services
14.4 You accept that when booking a trainer, We have no liability in relation to the Bookings or services provided by each trainer other than as expressly provided in these Terms.
14.5 We are not liable for the actions or non-actions of the Trainers registered with Arclight fitness, Members or clients who use the Arclight fitness booking system or Software and/or during any services you provide. We shall not be liable for any loss or damage that may occur to you as a result of actions or non-actions of the trainer, Members or clients or potential clients.
14.6 We are not liable for any errors or omissions made by the relevant Arclight employee in booking Workouts on your behalf via the booking system. You will be deemed to have agreed to any booking of a trainer's services on your behalf by an Arclight representative. Trainer Terms
14.6 You are fully responsible and liable for any breach of these Trainer Terms and/or any other applicable laws or regulations. If We or any authority notifies you of a breach, you must stop and remedy such breach immediately.
14.7 Nothing in the Trainer Terms excludes or limits Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law. Your indemnity of us
14.8 You agree to fully indemnify and hold Us, Our representatives, employees and directors harmless from any claims or losses (including liabilities, damages, penalties, fines, costs and expenses of any nature) that they suffer as a result of your use of the Aptitude Services, Software and provision of Workouts, including those claims or losses result from:
• your breach of these Terms or documents incorporated by reference;
• your violation of any law or the rights of a third party;
• any allegation that any materials that you submit to Us or transmit through the Software infringe or otherwise violate the rights (including intellectual property rights) of any third party; and
• any other activities in connection with the provision of Workouts.
14.9 You are solely responsible for any tax obligations (for example, income tax) that you incur as a result of providing the services through the Arclight fitness platform. You indemnify Us from all tax liabilities, duties, levies, claims and penalties that may incur as a result of your failure to comply with your tax obligations. If you have any concerns, please seek professional accounting advice.
17. Your Content
17.1 You confirm that any text, images or any other information that you provide to us whilst using the Arclight fitness platform will not breach these Trainer Terms.
17.2 We do not claim ownership in your Trainer Content and ownership will remain with you (or the relevant third-party owner, including the relevant Operator). You grant us a worldwide, non-exclusive, royalty-free and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, and exploit the Trainer Content anywhere and in any form for the purposes of providing the Web Portal to the Operator and providing the Aptitude Services (including, where applicable, allowing the Operator and other Trainers to view your Trainer Content).
17.3 You must ensure that you are able to grant us the above license for any content owned by a third party that you include in your Trainer Content.
17.5 The Arclight fitness platform makes available third-party content, such as Trainer Content. We are not responsible for any such content in any way, but may monitor Trainer Content and reject, refuse or delete any Trainer Content where We consider that it breaches these Terms.
18. Your Privacy
18.1 We collect personal data such as names, addresses, telephone numbers, e-mail addresses and location-based information only with the permission of the data subject and only for the purpose necessary to enable the intended functioning of the Arclight fitness trainer location system, where member or client supplied us with your personal data.
18.2 We process personal data relating to you, other Trainers, Members and Users. You are an authorised processor who processes personal data. The procedure, manner of and conditions for processing personal data are provided at: on our website www.arclightfitness.com.
18.4 You shall not contact any client or collect, record, store, grant access, use or cross-use the personal data provided by the client or made accessible by the Arclight fitness for any reason other than for the purposes of fulfilling the booking request made via the Arclight fitness website.
19. Advertising and Third-Party Websites
19.1 You acknowledge that the Arclight fitness website may be supported by advertising revenues and We may place advertising, promotions or sponsored content on the Arclight trainer website. You acknowledge that the manner, mode and extent of such advertising, promotions and sponsored content is subject to change without notice to you.
19.2 You acknowledge that the Arclight website may contain links to third party websites (whether by way of advertisements or otherwise) that are not owned or controlled by Us. Such links are provided for your reference only. We do not control such websites and are not responsible for the contents or your use of them, and as a result We do not accept responsibility for the availability, suitability, reliability or content of such third party websites.
19.3 Our inclusion of such hyperlinks in the Arclight fitness website does not imply any endorsement of the material or the views expressed within them.
20.1 These Terms apply from when you submit your registration on the Arclight fitness registration form and will remain in full force and effect while you use the Trainer App until terminated in accordance with this clause 20.
20.2 We may terminate these Terms and your use of the Arclight fitness platform, or suspend your use of the Arclight fitness services, immediately by written notice to you if:
• We consider that you have in violated of these Trainer Terms;
• in Our reasonable opinion, We believe there has been unauthorised access to the Arclight fitness login;
• We believe you are may be endangering clients or your behaviour during the delivery of your services and/or, in Our reasonable opinion, bring Us and/or the reputation of Arclight fitness into disrepute or shown in a negative light;
• Arclight fitness head office makes us aware of behaviour or any act or omission in breach of your contract with the Arclight fitness registration or knowingly withheld information which we deem may have been relevant to your registration ;
• We have a legal or regulatory obligation imposed on us, which impacts Our ability to provide the Arclight trainer platform for trainers; or
• for any other reason provided that We give you thirty (30) days' written notice by email, or via a communication via email.
20.3 You can terminate these Trainer Terms by:
• deleting your Profile firstly via the Arclight fitness website or by requesting this through contacting email@example.com and notifying us that you wish us to permanently delete your Profile from the website. Such deletion by Us may take up to two working days, and you will be responsible for any bookings for your services you have accepted for any time up to the deletion by Us of your Profile;
20.4 Upon termination for any reason:
• all rights granted to you under these Terms cease;
• you must cease all activities authorised by these Terms;
• We will return to you or delete your personal data in accordance with our privacy.
21.1 Applicable law:
• These Terms shall be governed by, and construed and enforced in accordance with the laws of England and Wales.
• Any dispute that may arise in connection with these Terms, whether with respect to its existence, validity, interpretation, performance, breach, termination or otherwise (and including non-contractual disputes), shall be settled by way of negotiations wherever possible. If the respective dispute resulting from these Terms could not be settled through such negotiations, then the dispute will be finally resolved in the courts of England.
21.2 Assignment: You may not assign these Terms or any of its rights or obligations under these Terms.
21.3 Notice: Any notice required to be given to you by Us will be delivered to the email address associated with your account, sent by registered mail to the address associated with your account, Any notice required to be given by you to Us should be delivered via email to firstname.lastname@example.org . If any provision of these Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Terms shall not be deemed a waiver of such term.
21.5 Survival: Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination (or expiry) of these Terms shall remain in full effect.